Temporary Total Disability
Workers’ Compensation Lawyers Advising Residents of Schaumburg and Wheaton
If you have been injured at work, you may be entitled to receive workers’ compensation benefits. Depending on the circumstances of your case and the nature of your injury, temporary total disability (TTD) benefits may be appropriate. At Therman Law Offices, our skilled Wheaton and Schaumburg workers’ compensation attorneys can explore the facts of your case and provide you with a thorough assessment of your claim. You can rest assured that we will fight for you at every step of the process, including any appeals that may be appropriate.
Pursuing Temporary Total Disability Benefits
Workers’ compensation is a type of insurance that pays monetary benefits, such as medical expenses and lost income, to workers who are injured or sustain an illness that is related to their job. The insurance policy is paid entirely by the employer and is free for the employee. Workers’ compensation is known as an “exclusive remedy,” which means that workers’ compensation is typically the only remedy that is available to an employee injured on the job vis-à-vis their employer, irrespective of fault. There are very limited exceptions to this rule. TTD benefits are for an individual who has been hurt on the job and cannot return to work because they need time to heal. Put another way, temporary total disability benefits are designed to temporarily compensate an injured employee for the duration of their disability. If your physician has released you to return to work on “light duty” or placed other restrictions on your work that the employer cannot accommodate, you will still be entitled to TTD benefits.
An employee must notify their employer of the injury or illness. Employers must begin paying for TTD benefits within 14 days of the injury, or else they must issue a denial within that period. As long as your physician says that you cannot work, and you have been off work for at least three days, you would start to get the benefits on the fourth day. If you are not able to return to work for at least 14 days, you would end up getting paid for those initial three days that you missed as well. Once an employee is released by their physician to work, the benefits stop.
TTD benefits provide weekly compensation while you are recovering and last until you can return to work. In other words, TTD benefits for lost time have no time limit and might even last indefinitely. The wage benefits are calculated as two-thirds of your average gross weekly wage, based on the 52 weeks prior to your injury, tax-free. If you have not been at the job for 52 weeks, your average weekly wage may still be calculated. It will typically be based on the amount of time that you have worked thus far or the amount of money that an employee in your position would normally make. There are minimum and maximum amounts for TTD benefits provided in the Illinois Workers’ Compensation Act.
If your request for TTD benefits has been denied, we may be able to help. The next step would be to file a claim and have your case heard by the Illinois Workers’ Compensation Commission. This may be a complicated process that may involve additional hearings by the Commission as it investigates your claim and the denial further. In some rare cases, an insurance company may have denied your claim in bad faith. If that is the case, you may be able to pursue additional compensation through a civil claim against the company.
Consult an Attorney in Schaumburg or Wheaton Following a Work Injury
If you or someone close to you has been injured on the job, you may be entitled to workers’ compensation benefits under Illinois law. At Therman Law Offices, our Schaumburg and Wheaton attorneys have more than 35 years of combined experience, and we understand how to navigate these types of claims. We also represent people who need an injury lawyer in communities such as Glendale Heights, Lombard, Villa Park, Addison, Elmhurst, West Chicago, Lemont, Westmont, Oakbrook Terrace, and Clarendon Hills. Call us at 312-588-1900 or contact us online for a free appointment.